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Warm up/ bell ringer What is one right that you have that would never want to give up? Why?
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James Hutch w/ Mrs. Christy & Ms. Easton
The Bill of Rights James Hutch w/ Mrs. Christy & Ms. Easton
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1St Amendment freedom of religion, assembly, press, petition, and speech RAPPS Religion- Teacher standpoint, am I allowed to pray to you? When can the gov’t regulate that might affect religion? (polytheism, danger to others) Assembly- gov’t can regulate how your assemble- ex. KKK has to pay for police protection Press/Speech- libel & slander, sedition speech, symbolic speech, flag burning- okay, draft card burning- NOT okay Petition- define for class
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2Nd Amendment allows citizens the right to bear arms
Originally designed for state militias, ask the kids if the founding fathers meant for us to have automatic weapons
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3rd Amendment A soldier is not allowed to stay or quarter in a persons house without their permission. Especially in time of war Not that important today because we haven’t had a war on our soil in a very long time
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4th Amendment No unreasonable search & seizure
What must law enforcers have in order to search your stuff? Talk about school searches, police searches, searches in the moment (illegal things need to be plain sight) Applies to criminal, not civil law Body searches (pat downs)- an officer can do with a level of suspicion, kids will probably ask questions about police searching their car The Supreme Court also held that individuals in automobiles have a reduced expectation of privacy, because vehicles generally do not serve as residences or repositories of personal effects. Vehicles may not be randomly stopped and searched; there must be probable cause or reasonable suspicion of criminal activity. Items in "plain view" may be seized; areas that could potentially hide weapons may also be searched. With probable cause, police officers may search any area in the vehicle. They may not, however, extend the search to the vehicle's passengers without probable cause to search those passengers or consent from the passenger(s) to search their persons or effects.
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5th Amendment No double jeopardy (cannot be charged for the same crime twice) Right to remain silent, no self incrimination Ashley Judd movie, can’t always use the 5th, it won’t always help you To plead the Fifth" is to refuse to answer a question because the response could provide self-incriminating evidence of an illegal conduct punished by fines, penalties or forfeiture
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6th Amendment right of a speedy & public trial Right to a lawyer
Believe it or not, it is quicker than the old days & public for most cases (not all, because for some the defendant will not get a fair trial if it is public) The defense must have an opportunity to "confront" and cross-examine witnesses. The right to a jury has always depended on the nature of the offense with which the defendant is charged. Petty offenses—those punishable by imprisonment for not more than six months—are not covered by the jury requirement A defendant has under the right to be informed of the nature and cause of the accusation against him
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7th Amendment Right to a jury trial of your peers
Example= To Kill A Mockingbird Any state resident can be called to be on a jury
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8th Amendment No excessive bail No cruel and unusual punishments
Example- ran a red light = million dollars bail Punishment- cruel = torture, unusual= tar & feathering Is the Capital punishment cruel & unusual? In Wilkerson v. Utah, 99 U.S. 130 (1878), the Supreme Court commented that drawing and quartering, public dissecting, burning alive, or disemboweling would constitute cruel and unusual punishment regardless of the crime. The Supreme Court declared executing the mentally handicapped in Atkins v. Virginia, 536 U.S. 304 (2002), and executing people who were under age 18 in Roper v. Simmons, 543 U.S. 551 (2005), to be violations of the Eighth Amendment, regardless of the crime.
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9th Amendment Other rights not listed
Abortion, privacy, Founding Fathers had the foresight to realize that they didn’t think of everything the USA would need for the rest of its existence, others think this right is stupid
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10th Amendment All other powers not listed are given to the states
Rights not given to the states or denied to the states Example- marriage, certifications (nurses, lawyers, teachers, etc) , schools (the constitution doesn’t say anything about schools)
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